Websites and mobile sites to which this Safe Harbor Privacy Notice (“Notice”) applies are United States-based websites and are subject to United States law. Laws related to Personal Data vary by country. For example, Personal Data collected in the European Union is subject to laws based on the European Union Data Protection Directive and Personal Data collected in Switzerland is subject to the Swiss Federal Act on Data Protection (the “SFADP”). Vitex Incorporated (“Vitex”) is certified under the Safe Harbor Frameworks as set forth by the U.S. Department of Commerce regarding the collection, storage, transfer, use and other processing of consumer, customer, supplier and other Personal Data transferred from the European Union and Switzerland to the United States.
We at Vitex respect your concerns about privacy and value the relationship we have with you. Vitex has certified that it abides by the Safe Harbor privacy principles, as set forth by the United States Department of Commerce, regarding the collection, storage, transfer, use and other processing of consumer, customer, supplier and other Personal Data (as defined below) transferred from the European Economic Area (“EEA”) and Switzerland to the United States.
For purposes of this Notice, “Personal Data” means information that (i) is transferred from the EEA or Switzerland to the United States, (ii) is recorded in any form, (iii) is about, or relates to, an identified or identifiable customer, dealer or other individual, and (iv) can be linked to that customer, dealer or other individual. This Notice outlines our general policy and practices for implementing the Safe Harbor privacy principles for Personal Data.
Additionally, “consumer” as used in this Notice means any natural or legal person (to the extent a legal person is subject to a national data protection law in the EEA or the SFADP), but excludes any individual acting in his or her capacity as a former, current or prospective Vitex employee, agent, consultant or contractor.
Safe Harbor Privacy Principles
Vitex’s practices regarding the collection, storage, transfer, use and other processing of Personal Data comply with the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.
We notify our customers and dealers located in the EEA and Switzerland about the purposes for which we collect and use Personal Data, the types of third parties to which we disclose the information, the choices customers and dealers have for limiting the use and disclosure of their information, and how to contact us about our practices concerning Personal Data.
When we receive Personal Data from our affiliates and dealers in the EEA and Switzerland, we will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such Personal Data relates.
Purpose of Collection and Use of Personal Data
Vitex collects certain Personal Data such as:
email addresses, and
system data (e.g., alarm monitoring, thermostat, light and lock remote control).
We do not collect sensitive Personal Data of customers or dealers, such as information about medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or other sensitive information as defined by the Safe Harbor Frameworks.
We use Personal Data of customers and dealers to:
provide you services and to respond to your requests,
evaluate the quality of our products and services,
communicate with you about our products, services and related issues, notify you of and administer offers and other promotions, and for internal administrative and analytics purposes and to comply with our legal obligations, policies and procedures.
Vitex may share Personal Data with its dealers, business partners and service providers and among Vitex’s subsidiaries and affiliates. With respect to Personal Data we may share with other third parties, we provide customers and dealers located in the EEA and Switzerland with an opportunity to opt-out of such sharing. Please email us at [email protected] if you would like to opt-out. We do not use Personal Data for purposes incompatible with the purposes for which the information was originally collected without notifying the relevant consumers, customers, suppliers and others of such uses and offering an opportunity to opt-out. Should you opt-out as described above, Vitex may not be able to provide you with the services you have requested or access certain features of your system.
In addition, we may disclose Personal Data without offering individuals an opportunity to opt-out (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials based on an enforceable government request or as may be required under applicable law, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
Vitex also reserves the right to transfer Personal Data in the event that we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). Should such a sale or transfer occur, Vitex will use reasonable efforts to direct the transferee to use Personal Data in a manner that is consistent with this Notice. Following such a sale or transfer, consumers may contact the entity to which Vitex transferred their Personal Data with any inquiries concerning the processing of that information.
Onward Transfer of Personal Data
We may share Personal Data with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Data and who are not subject to laws based on the European Union Data Protection Directive, the SFADP or the data protection laws of Canada (i.e., the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws), as applicable, to either (i) subscribe to the Safe Harbor principles or (ii) contractually agree to provide at least the same level of protection for Personal Data as is required by the relevant Safe Harbor principles. If the third party does not comply with its privacy obligations, Vitex will take commercially reasonable steps to prevent or stop the use or disclosure of Personal Data.
Access to Personal Data
Vitex provides consumers, customers, suppliers and others with reasonable access to the Personal Data maintained about them. We also provide a reasonable opportunity to correct, amend or delete that information where it is inaccurate. We may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Safe Harbor principles. To obtain access to Personal Data, consumers, customers, suppliers and others may contact Vitex as specified in the “How to Contact Us” section of this Policy.
Vitex maintains reasonable administrative, technical and physical safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Vitex takes reasonable steps to ensure that Personal Data collected by Vitex is relevant for the purposes for which it is to be used and that the information is reliable for its intended use and is accurate, complete and current. We depend on our consumers, customers, suppliers and others to update or correct their Personal Data whenever necessary.
Enforcement and Oversight
Vitex has established procedures for periodically verifying implementation of and compliance with the Safe Harbor principles. We conduct an annual self-assessment of our practices with respect to Personal Data to verify that representations we make about our Personal Data privacy practices are true and that related privacy policies have been implemented as represented.
Consumers, customers, suppliers and others residing in the EEA or Switzerland may file a complaint with our IT and Support Department in connection with Vitex’s processing of their Personal Data under the Safe Harbor principles. If the complaint cannot be resolved though our internal process, we will cooperate with JAMS under the JAMS International Mediation Rules, which are accessible on the JAMS website at www.jamsadr.com/rules-international-rules. We will take steps to remedy any problems arising out of a failure to comply with the Safe Harbor principles.
How to Contact Us
or writing to:
6610 Willow Park Dr., Suite 201
Naples, FL 34109
The Vitex Safe Harbor Privacy Notice may be amended from time to time in compliance with the requirements of the Safe Harbor principles. Appropriate notice will be given concerning such amendments.
This Safe Harbor Privacy Notice was last updated and posted on September 12, 2013.